This Agreement is a legal agreement between "YOU", the individual end-user, and REALEYES3D S.A. ("REALEYES3D"), a company located at 217 Bureaux de la Colline, 92210 SAINT CLOUD, France, for the use of the QIPIT MOBILE SCANNING SERVICE (the "Service").
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SERVICE.
You represent that You are at least 18 years of age and have attained the age of majority in the country in which You reside, and any information that You submit is correct.
IF YOU DO NOT fully AGREE WITH THE FOLLOWING TERMS AND CONDITIONS, YOU MUST refrain from SUBSCRIBING TO AND USING the SERVICE. BY SUBSCRIBING TO OR USING THE SERVICE, YOU ACCEPT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
FURTHERMORE, IF YOU ARE RESIDING IN A JURISDICTION WHERE IT IS FORBIDDEN BY LAW TO USE THE SERVICE, YOU MAY NOT ENTER INTO THIS AGREEMENT.
Qipit is an end user Service based on a proprietary image processing technology which enhances and improves the quality of images from image capturing devices such as a camera phones or a digital cameras. Images taken by users with image capturing devices are sent to a remote server, processed, stored and then possibly routed to an email address or to a fax number as requested by the sender, without having to install any software on the camera phone. The sender can access his/her own private account on the server from his/her phone or PC to manage his/her scanned documents.
An account can have multiple email addresses and mobile phone numbers associated to it, and is granted by default storage space for up to 25 document pages.
REALEYES3D's server is hosted in France, and is intended for use by end-users worldwide.
All access to, and use of the Service by end-users, during its development phase and following the commercial public launch thereof shall be subject to the Terms and Conditions of this Agreement.
The Service may be distributed in several packages, including free of charge service levels. However, when using a camera phone, You may incur charges from Your wireless network operator for sending and receiving data (email or MMS) and from Your internet service provider (internet access and email).
You will at all times provide REALEYES3D any data or information necessary to a proper provision of the Service in good time.
If any data that is required for providing the Service is not available to REALEYES3D ; not available in good time or not in accordance with this Agreement ; or if You do not fulfill Your obligations in any other way, REALEYES3D will be entitled to suspend the provision of the Service.
You agree not to resell the Service to any third party.
You acknowledge and agree to use the Service solely for lawful purposes. In this respect You may not, without limitation (a) post or otherwise provide to REALEYES3D any material, content, photo, text, picture, data, art or code (i) which You would not have the right to hold, use, post or otherwise provide to REALEYES3D in relation to the Service, or (ii) which would be threatening, obscene, pornographic, indecent, objectionable, or profane material or any other Material that could give rise to any civil or criminal liability, whether for REALEYES3D or otherwise, or give rise to a violation of this Agreement; or (b) send any unsolicited communication not permitted by applicable law, or (c) use your Account or Service in any fraudulent way.
You agree to indemnify, hold harmless and defend REALEYES3D at Your expense, against any and all third-party claims, actions, proceedings and costs, including but not limited to reasonable attorney's fees, incurred by REALEYES3D arising out of or relating to Your violation of this Agreement, applicable law or rights of any third parties and/or the misuse of the Service.
You have no obligation to provide REALEYES3D with any data, suggestions, ideas, improvements, enhancement and written materials relating to the Service ("Feedback").
If You wish to provide REALEYES3D with any Feedback, Feedback shall be disclosed to REALEYES3D electronically, such as by email, SMS text messages and on our web site in the "contact us" Feedback form, or in the forum that will be open for You.
If and when You provide REALEYES3D with Feedback, You shall:
You understand and agree that REALEYES3D has no obligation to use or include any Feedback in the Service.
REALEYES3D shall endeavour to provide You the Service with minimum disruptions. However REALEYES3D cannot guarantee that the Service will always function without disruptions, delays or imperfections.
REALEYES3D, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY disclaims any guarantee or warranty, whether implied or otherwise, in particular but without limitation, that: (1) the service WILL BE error-free or fault-free or reliable; (2) the service WILL BE suitable for a particular purpose; (3) the service will meet Your requirements; (4) defects or problems in the service will be corrected; or (5) the servers that make it available are free of viruses or other harmful components.
ABSENCE OF ANY AGREEMENT OR ENDORSEMENT FROM INTERNET SERVICE PROVIDERS AND TELECOMMUNICATION NETWORK OPERATORS
You expressly acknowledge and fully agree that REALEYES3D has no agreement whatsoever with any provider of internet access, email or instant messaging service, nor with any telecommunication network operator, to provide the Service, and that changes in their messaging framework or protocols may cause a permanent or temporary interruption of the Service.
You also understand that the Service is provided without any agreement or endorsement from the entities mentioned above.
You will select a User Identification (User ID) which, in combination with a password that You also selected, will give You access to your service account.
You are solely responsible for giving Your own email address, keeping Your password secure, and for all activity that occurs under Your account, including all use of the Service and all charges incurred, if any (including if Your password is lost or stolen, until You have reported the loss or theft to REALEYES3D).
You understand and agree that REALEYES3D is not required to authenticate the identity of any person that uses Your account.
You agree to immediately notify REALEYES3D in writing of any unauthorised and/or fraudulent use of Your User ID, Password and/or Account. You agree to indemnify REALEYES3D against any and all third party claims and all related liabilities arising out of, or relating to, the use of Your User ID, Password and/or Account. REALEYES3D will not be liable for any damages resulting from the unauthorized and/or fraudulent use of Your User ID and/or Password and the unauthorized use of Your Account.
REALEYES3D reserves the right to change Your User ID or Password if this is in the interest of the functioning of the Service or to prevent fraudulent use of it.
You are solely responsible for all pictures, graphics, photos, facsimiles, data, text, information, art, code, and other subject matter submitted to the Service ("Materials").
For Materials you post or otherwise provide to REALEYES3D, you grant REALEYES3D permission to (1) use, copy, distribute, transmit, display, perform, reproduce, edit, modify, translate and reformat your Materials, to the extent necessary for REALEYES3D to provide the Service, and as otherwise necessary to avoid any violation of this Agreement, and (2) sublicense these rights, to the maximum extent permitted by applicable law.
For each Material, you represent that you have all rights necessary for you to make the grants in this section.
Information obtained by REALEYES3D through the activation and use of Your account under the Service, is subject to the Privacy Policy published on the Qipit web site www.qipit.com.
By agreeing to this Agreement, You are agreeing that You have read and understand REALEYES3D's Privacy Policy and that You consent and agree to its terms, including without limitation to the collection, use and disclosure of information to the extent contemplated in the Privacy Policy.
REALEYES3D prohibits the use of the Service in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam") or fax (“Junk Fax”). You may not use the Service to send Spam or Junk Fax or for any unlawful or unethical marketing purposes.
We may, and You authorise us, to send email, SMS and other messages to You for notices, communications and agreements, and for online surveys about the Service.
You also agree to download and print for Your records any electronic notices, alerts, communications and agreements provided or identified to You.
REALEYES3D reserves the right to change the terms, conditions, and notices under which the Service is provided.
REALEYES3D may modify, supersede or terminate the Agreement, for any reason, at any time, and without notice, by posted updated agreement on its web site, or by other reasonable means REALEYES3D may determine. You must review this Agreement on a regular basis on the Qipit website at www.qipit.com.
If You do not agree with the changes, You may stop using the Service. Your continuing use of the Service will otherwise indicate Your agreement on the changed contract.
All intellectual property rights regarding the Service, including but not limited to the software and related documentation developed and/or owned by REALEYES3D shall be and shall remain the sole property of REALEYES3D. The providing of the Service does not imply any transfer of intellectual property rights.
You shall only obtain a non-exclusive and non-transferable right for the use of the Service. You commit Yourself to adhere strictly to any conditions laid down in this Agreement or imposed in any other way.
REALEYES3D may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the Service. Our providing You with the Service does not give You any license to our intellectual property. Any rights not expressly granted herein are reserved.
You agree that support, maintenance and updates to the service may be provided to You or notified to You electronically, by email, SMS text messages and on our web site.
REALEYES3D shall have sole discretion to determine the extent of support, if any, that REALEYES3D provides in connection with the Service. REALEYES3D shall have no responsibility or liability as a result of any failure to provide support.
The Agreement will be effective as of the date of Your acceptance thereof, and will remain effective until terminated by either party as set forth in this Agreement.
You may terminate the Agreement at any time, under the conditions provided herein.
REALEYES3D may terminate the Agreement at any time, with or without cause and without recourse to the courts, by providing notice to You and/or preventing Your access to Your Account and to the Service.
Upon termination of the Agreement for any reason all licenses and rights to use the Service shall terminate and You will cease any and all use of the Service.
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of Your representations, warranties and indemnification obligations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALEYES3D EXPRESSLY EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF USE, DATA OR PROFITS, DELAYS OR BUSINESS INTERRUPTIONS, AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, USE, MISUSE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE WHATSOEVER, WHETHER OR NOT REALEYES3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, REALEYES3D shall under no circumstances be held liable for any delay or failure in performance resulting directly or indirectly from Force Majeure, such as acts of nature, forces, or causes beyond its reasonable control.
REALEYES3D can only be held liable for direct damages resulting from an attributable failure to perform its obligations under this Agreement.
The direct damages as meant in this article shall be limited to the amount actually paid by You for the Service during the year in which such damages occur. In no event, however, shall the total compensation for any direct damages exceed five thousand (5.000) Euros.
The above limitation of liability in article 10.3 shall cease to apply if and insofar as the loss is due to REALEYES3D's willful intent or gross negligence.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The Service may become unavailable and inaccessible at any time without notice, both for reasons controlled by REALEYES3D and for reasons not controlled or determined by REALEYES3D.
REALEYES3D reserves the right to modify, suspend, or permanently terminate the Service for any reason, at any time, with a reasonable prior notice which shall be no less than 30 days.
This Agreement constitutes the entire agreement between YOU and REALEYES3D and supersedes all prior and contemporaneous agreements and understandings, whether oral or written. In the event any provision of this Agreement would be found invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall in no way be affected or impaired.
This Agreement and all disputes arising out of or relating to this Agreement or the use of the Service, shall be governed by, and construed and interpreted in accordance with French Law.
The Courts of PARIS, France shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.
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Qipit is a new online mobile service that lets you use your camera phone or digital camera to make a digital copy of any written or printed document to store, share via email or fax, or publish to the web. With qipit you can copy whiteboards or class notes; fax documents and contracts; scan and copy receipts, reports, or invoices; email notes, letters and drawings to your friends; copy a poster, magazine article, or a notice on a bulleting board; even make digital copies of your tax forms and tax return for your files. You can use qipit like a portable scanner, or a mobile copier and you can send digital copies right from your cameraphone as a multimedia message (MMS) to an email or fax number. And qipit requires no mobile download or cell software. Basically, qipit turns your camera phone into a portable scanner, a mobile copier, and a mobile fax machine so that you can scan, copy, email and fax documents on the fly.
Qipit allows you to convert all of your written and printed documents into scan-quality digital copies (in black and white or color) for convenient online storage, without the need of a portable scanner, copier, or cell software. It's easy. All you do is take a picture of notes, a whiteboard or a document with your camera phone or digital camera; send it to qipit as a multimedia message (MMS) from your camera phone, via email or your qipit account; and qipit turns your photo into a clear digital copy, in PDF or JPEG format, that you can store or send to an email or fax number from your cell phone as a multimedia message (MMS) or mobile email, or on your PC via email or your qipit account. You can even publish your qipit copy to the web. Qipit is like a portable scanner, mobile copier, and a mobile fax machine, all in one.
With qipit, online file storage and file sharing is in the palm of your hand. Just like you share photos, you can share printed documents and handwritten notes or whiteboards. Qipit also takes the place of expensive interactive whiteboards, electronic whiteboards, digital whiteboards, electronic copy boards, or smartboards. Qipit lets you copy, store, fax, email and publish any information you put on a whiteboard, giving you a digital copy instead of just providing a printout. And qipit is a great way to archive all of your important documents like birth certificates, ID cards, passports, legal documents, tax documents and more. Get smart! Get qipit!
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